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2025 DIGILAW 642 (RAJ)

Aneeshah v. State of Rajasthan

2025-03-06

ARUN MONGA

body2025
ORDER : ARUN MONGA, J. 1. Yet again, another expectant mother—four and half month into her pregnancy—is before this Court seeking judicial intervention as a consequence of the State's sheer apathy and callous disregard for basic human dignity. Assailed herein is an order dated 24.02.2025 (Annex.-7), relocating the petitioner, serving as an Auxiliary Nurse Midwifery (ANM), from CHC Jaitsar to Block Raisinghnagar. 2. According to her medical report dated 19.01.2025, the petitioner was then 13 weeks pregnant i.e. about 18 weeks as on today. 3. In the aforesaid backdrop, I have heard the rival contentions and perused the case file. 4. Learned counsel for the petitioner argues that transfer contravenes Rule 8 of the Rajasthan Panchayat Raj (Transferred Activities) Rules, 2011. He further contends that the petitioner, who is at the advanced stage of her pregnancy, cannot be transferred at this juncture due to her medical condition. 5. Per contra learned counsel for respondents argues that transfer is an integral part of service conditions of a government employee and the same arise out of the administrative exigencies. Therefore, no indulgence is warranted by this Court. 6. At the outset, reference may be had to a judgment rendered by this very bench Court in Jyoti Parmar Vs State Institute Of Health And Family Welfare & Ors. : S.B. Civil Writ Petition No.1422/2025 (decided on 23.01.2025) followed by another one in Sulochna Vs. State of Raj. & Ors. : SBCWP No.1905/2025 decided on 28.01.2025. Reasons and discussion rendered therein be read as part and parcel of order herein. 7. Reverting to the case in hand, if the petitioner is to comply with the transfer order impugned herein, she will have to travel about 160 kms. (80 km. each way) everyday during her maternity. Not only that, travel would also necessarily entail health hazards for both mother as well as the infant, be it pre-natal or post-natal. 8. In view of the aforesaid, the petition is disposed of. It is expected that the competent authority to take a humanitarian outlook on the mitigating circumstances of the petitioner, given the pre- and post-natal care needed by her at this crucial stage and pass a fresh order in accordance with the law, either to keep the petitioner in the same district or in the vicinity thereof, from where she can commute every day. Needful be done within a period of 30 days from the date the petitioner approaches the competent authority with a web-print of the instant order. 9. Till then, effect and operation of the impugned order qua the petitioner shall remain stayed. 10. Pending application(s), if any, also stand disposed of.